[l]Clark Substations, L.L.C. v. Ware, 838 So. 2d 360 (Ala. 2002).[li]Sisco v. Empiregas, Inc. of Belle Mina, 237 So. 2d 463 (Ala. 1970).[lii]Russell v. Birmingham Oxygen Service, Inc., 408 So. 2d 90, 93 (Ala. 1981) (declining to enforce covenant at request of purported assignee because no evidence of assignment, but noting “Appellees are correct in their assertion that an assignment of a contract may be either oral or written and that no magic words are necessary”). [liii] Ala. Code §6-2-34(e).[liv] Ala. Code §8-27-5.[lv] Ala. Code §6-2-38(l); Teng v. Saha, 477 So.2d 378 (Ala. 1985).[lvi] Ala. Code §6-2-38(l); Davis v. Brown, 513 So.2d 1001 (Ala. 1987).

within which a lawsuit may be filed after the cause of action accrues. The limitations period varies by state, ranging from one to six years. Most states recognize the discovery rule, which can toll accrual of a claim and often requires a fact-intensive inquiry. Only five states do not recognize the discovery rule.Although less common, statutes of repose tend to operate from a date that is not related to when a plaintiff’s claim accrues. Instead, a statute of repose is triggered by the manufacturer’s pertinent action, for example, the date of sale or delivery of the drug or device. Statutes of repose generally are not subject to a discovery rule. That means that a claim could potentially be barred by a repose period before a plaintiff suffers injury or becomes aware of an alleged product defect or breach of duty. Where there is an applicable statute of repose, it has the potential to provide for a quick dismissal of a plaintiff’s untimely claims.AlabamaStatute of Limitations: 2 years. Ala. Code § 6-2-38(l). Alabama does not recognize the discovery rule. Rather, the limitations period “begins to run ‘when there has occurred a manifest, present injury,’ which means there are ‘observable signs or symptoms . . . the existence of which is medically identifiable.’” Newton v. Ethicon, Inc., No. 3:20-cv-00021-ALB-JTA, 2020 WL 1802927 (M.D. Ala., Apr. 8, 2020) (quoting Griffin v. Unocal Corp., 990 So. 2d 291, 310 (Ala. 2008)).Statute of Repose: None. The Supreme Court held that a 10-year statute of repose was unconstitutional in Lankford v. Sullivan, 416 So. 2d 996 (1982).AlaskaStatute of Limitations: 2 years. Alaska Stat. § 09.10.070(a). Alaska recognizes the discovery rule, which provides that “a claim accrues when the plaintiff has information which is sufficient to alert a reasonable person to begin an inquiry to protect his rights.” Makin v. Pfizer, Inc., 144 F. App’x 648, 649 (9th Cir. 2005) (cleaned up).Statute of Repose: None. See Alaska Stat. § 09.10.055(b)(1)(e).ArizonaStatute of Limit

The statute of limitations to bring an action under the retaliation provision is two years “after the act of discrimination giving rise to a cause of action.” Although the CFEPA does not have a statute of limitations for pay discrimination claims, Alabama Code Section 6-2-38(m) provides that “[a]ll actions for the recovery of wages, overtime, damages, fees, or penalties accruing under laws respecting the payment of wages, overtime, daamges, fees, and penalties must be brought within two years.”Under the federal Lilly Ledbetter Fair Pay Act, which applies to pay discrimination claims brought under the Equal Pay Act and Title VII, each paycheck that contains discriminatory compensation is a separate violation regardless of when the discrimination began. It remains to be seen whether the same principle will apply to discriminatory pay claims under the CFEPA.Recommendations for employersEmployers with operations in Alabama should review their payroll records to ensure that they are ready for the September 1 effective date.

No statutory or liquidated damages are provided. Pursuant to Alabama Code 6-2-38(m), the statute of limitations on CFEPA wage equity claims is two years. The CFEPA does not contain certain elements of the federal Lilly Ledbetter Fair Pay Act of 2009, which established that an equal pay violation occurs each time an employee is affected by a discriminatory compensation decision or practice, thereby resetting the statute of limitations for filing claims.